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HomeMy WebLinkAboutO-1997-2164 fr. the desk of ... Sue Lenes ~ Ivn-JLa- - ~,'s h~ --fC-:a, , n Do i uJ ~I ( ~~ A-~ ~f-'L +0 ~z.-.P ~ S~'~f'.Jo--+~- ~ ~ WR.-W~J( ~ i~- q) rn~ ~ (4) P{~ Q,) ~ F;l~ 0/e.- ~r~d~N.J w~+L ~~ 91-~t~lf . e ORDINANCE NO. 97- 2164 AN ORDINANCE APPROVING AND AUTHORIZING AN INTERLOCAL AGREEMENT FOR ADVANCED FUNDING BETWEEN THE CITY OF LA PORTE AND THE TEXAS UEPARTMENT OF TRANSPORTATION, FOR THE INSTALLATION OF CASINGS, A WATER LINE, AND A SEWER LINE CROSSING STATE HIGHWAY 146 AT THE NORTHERN LIMITS OF THE STATE HIGHWAY 146/STATE HIGHWAY 225 INTERCHANGE, BY WILLIAMS BROTHERS CONSTRUCTION; APPROPRIATINOG A TOTAL OF $67,763.14 TO FUND SAID AGREEMENT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated by reference herein. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The .City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. The City Council appropriates the total sum of $67,763.14 to fund said Agreement from the Utility Capital Improvement Fund. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The Council further ratifies, approves and confirms such written notice and the contents and posting thereof ORDINANCE NO. 97-21~ . PAGE 2 Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 24th day of February, 1997. CITY OF LA PORTE By: ~ /- rman L. al e, Mayor Attest: ~~ Sue Lenes, City Secretary ~ / e e COUNTY Harris CSl 0389-12-064 PROJECT NUMBER NH 96(717) STATE OF TEXAS. COUNTY OF TRA VISo ADVANCED FUNDING AGREEMENT ASSOCIATED WITH THE CONSTRUCTION OF AN 8" PVC WATER MAIN INSIDE A 16" STEEL CASING AT STATION 479+195 AND STATION 507+40 ON SH 146 THIS AGREEMENT MADE BY AND BETWEEN the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the State, and the City of La Porte, Texas, acting by and through its authorized officials, hereinafter called the City. WITNESSETH WHEREAS, Chapter 201, et.seq. of the Transportation Code and Chapter 221.001 of the Transportation Code authorize the State to layout, construct, maintain, and operate a system of streets, roads, and highways that comprise the State Highway System; and, WHEREAS, Commission Minute Order Number 85094 authorizes the State to enter into the necessary agreements for highway improvements and/or modifications with appropriate public and/or private entities, to execute necessary advanced funding agreements and to proceed with the development of associated projects; and, WHEREAS, the City has requested that the State allow the City to participate in said highway improvements generally described as construction of an eight (8) inch diameter PVC water main inside a sixteen (16) inch diameter steel casing at Station 479+95 and Station 507+40 on State Highway 146, by funding that portion of the improvement described above, hereinafter called the "Project" and further described in the sketch attached hereto and labeled Exhibit A; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth. the State and the City do agree as follows: AGREEMENT Article 1. Time Period Covered This agreement becomes effective when signed by the last party whose signing make the agreement fully executed, and the State and the City will consider it to be in full force and effect until the Project described herein has been completed and accepted by all parties or unless terminated as hereinafter provided. Article 2. Scope of Project The State and the City agree that the scope of the Project shall be limited to those items necessary to construct an eight (8) inch diameter PVC water main inside a sixteen (16) inch diameter steel casing and wet connections at Station 479+95 and Station 507 +40 on State Highway 146, as depicted in Exhibit A of this agreement. e e Article 3. Indirect Cosa Recovery Plan Chapter 2106 of the Texas Government Code, requires the State to recover indirect costs based on percentage of the State's actual direct cost to complete the Project. The indirect costs will be in accordance with the State's Indirect Cost Recovery Plan and will be based on the City's funding responsibilities provided herein. Article 4. Funding Arrangement The City's share of the estimated construction cost for this Project is $ , which includes engineering, contingencies and indirect costs in effect for the fiscal year during which the work is accomplished. Upon execution of this agreement, the City shall provide a check or warrant made payable to the "Texas Department of Transportation" in the amount of $ promptly but no later than seven days after receipt by the State. If at any time during the contract period established in Article 1, it is determined by the State that the amount previously collected from the City will be insufficient to pay the City's portion of the Project, then the City shall within 30 calendar days of receipt of the State's written notification, forthwith supplement this amount by an amount equal to the City's full estimated or actual share of the cost of the Project less the amount previously paid to the State. In the event that the amount paid by the City is more than the actual cost of the City's share, as herein established, then the excess amount will be returned to the City. Article 5. Control and Ownership of the Project The Project is recognized to be an integral part of the State Highway System, and is, therefore under the ownership, control and jurisdiction of the State. The State assumes full and complete control as to the development, construction, maintenance and operation of the Project. The State does not purport to conveyor assign any interest or right of ownership of the completed highway facility to the City, its successors or assigns. The Project may be modified, relocated, closed and/or removed at the sole discretion of the State without notice to or approval by the City. Article 6. Amendments Any changes in the character, scope, agreement provisions or obligations of the parties hereto shall be enacted by written agreement and executed by both the State and the City. Article 7. Termination This agreement may be terminated for any of the following reasons. 1) By satisfactory completion and acceptance of the Project by the State. 2) By mutual agreement and consent of both parties. 3) By either party upon the failure of the other party to fulfill the obligations set forth herein. 4) At the sole discretion of the State for reasons of its own and not subject to consent by the other party if the State determines that completion of the Project is not in the best interest of the State. \; If this agreement is terminated in accordance with the above provisions, the City will be responsible for the payment of Project costs incurred by the State on behalf of the City up to the time of termination. Any unencumbered funds remaining after termination may be returned to the City. e e Article 8. Indemnification The City acknowledges that it is not an agent, servant, or employee of the State and it is responsible for its own acts and deeds and for those of its agents or employees during the perfonnance of the project. Article 9. Lega1 Construction In case one or more of the provisions contained in the agreement shall for any reasons be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions hereof and this agreement shall be construed as if such invalid. illegal or unenforceable provision had never been contained herein. Article 10. Notices Notices to either party under this agreement shall be delivered personally one to the other or sent by mail or courier, postage prepaid, to the addresses shown on the signature page of this agreement. All notices shall be deemed given on the date so delivered or SO deposited in the mail. Either party may change the address of record by sending a written notice of such a change to the other in the manner provided herein. Article 11. Sole Agreement This agreement constitutes the only funding agreement between the State and the City for this project and supersedes any prior understandings or written or oral agreements respecting project funding. Article 12. Successors and Assigns The State and the City each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement. Article 13. Signatory Warranty The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the organization they represent. e e IN WITNESS WHEREOF, the State and the City have executed duplicate counterparts to effectuate this agreement. THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the Texas Transportation Commission under the authority of Minute Order 1??oo2. By Portia Hausmann, Manager, Review and Negotiated Contracts Date The City of La Porte By Signature Typed Name and Title Date For the purpose of this agreement, the addresses of record for each party shall be; The City: For the State: The City of La Porte Texas Department of Transportation Mr. Gary Trietsch, P.E. District Engineer PO Box 1386 Houston, Texas 77251-1386 PO Box 1115 La Porte, Texas 77572-1115 PROPOSED U11U1Y CASINGS NORTH EB NoT oS. v.~ - \ . , I I (~{. en i . . .. c.., ;c: .. . - . ,:. 0\- \. \ "'I' t I , Q\' \ i \. ~' , A il. I t \ Ii' , ,r . \1 \ I ' \ I .1' " I 'i "I" . \ h \ \\\. . 146/225 UTILlTY CASING PRO